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(영문) 전주지방법원 2017.09.05 2017고단1089
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car in the Bmp in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 1, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.112% in a light of around 00:50, while normal driving is difficult due to the influence of alcohol, and led the Defendant to drive the said car along the two-lanes in front of the instant bus stops in Seojin-gu Seoul Special Metropolitan City along the front-gu Police Station at the seat of the Jinjin-gu Police Station in the Jeonjin-gu Seoul Special Metropolitan City.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the defendant did not perform his duty of care due to the influence of alcohol as above and entered the first lane of the victim E ( South, 38 years old) driving without discovering the said victim E's rocketing car, thereby causing injury to the victim E, such as climatic salt, tension, etc. which requires approximately two weeks of treatment due to the impact of alcohol. The defendant suffered injury to the victim E, the victim F (V, 6 years old), G (Y, 2 years old), and tension, etc. which require approximately one week of treatment.

2. Violation of the Road Traffic Act (drinking) driving a bp car under the influence of alcohol by the Defendant, while under the influence of alcohol, from the front day of any drinking house located in the 3km-gu Seoul Special Self-Governing Province prior to the day set forth in paragraph (1) to the place set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Chapter Three Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts.

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